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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
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year; (b) enter into a contract for the
following two academic years
; or (c) employ the contract
employee as a regular employee for all subsequent academic years.
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4. T
HIRD
C
ONTRACT
If a contract employee is working under his or her third consecutive contract entered into under
Section 87608.5, the governing board is mandated to choose one of the two following
alternatives: (a) employ the probationary employee as a tenured employee for all subsequent
academic years; or (b) not employ the probationary employee as a tenured employee.
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B. T
ENURE
R
EVIEW
1. E
DUCATION
C
ODE
S
ECTION
87610: P
ROPER
I
SSUANCE OF
M
ARCH
15
N
OTICES
The governing board must give written notice of its decision under Education Code sections
87608 or 87608.5 (i.e., Contracts 1 and 2)—and the reasons for the decision—to the employee
on or before March 15 of the academic year covered by the existing contract.
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The notice must
be sent by registered or certified mail to the most recent address on file with the district
personnel office.
Failure to give the notice
as required to a contract employee under his or her
first or second contract
shall be deemed an extension of the existing contract
without change for
the following academic year.
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An employee, however, may not intentionally avoid service of
the notice and then claim that the District failed to give notice.
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The governing board shall give written notice of its decision under Education Code section
87609 (i.e., after the third contract) —and the reasons for the decision—to the employee on or
before March 15 of the last academic year covered by the existing contract. The notice shall be
by registered or certified mail to the most recent address on file with the district personnel office.
Failure to give the notice
as required to a contract employee under his or her third consecutive
contract
shall be deemed a decision to employ him or her as a regular employee for all
subsequent academic years.
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2. G
RIEVANCES
R
EGARDING
M
ARCH
15 N
OTICES
– E
DUCATION
C
ODE
S
ECTION
87610.1
Employees are permitted to grieve the issuance of a March 15 notice of non-reelection on
specified and limited grounds. If there is no grievance procedure in the collective bargaining
agreement resulting in arbitration (either advisory or final and binding), these allegations shall
proceed to hearing.
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Any grievance brought under Section 87610.1, subdivision (b) may be
filed by an employee on his or her behalf, or by the exclusive bargaining representative on behalf
of an employee or a group of employees in accordance with the Educational Employment
Relations Act (“EERA”)
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. The exclusive representative shall have no duty of fair representation
with respect to taking any of these grievances to arbitration, and the employee shall be entitled to
pursue a matter to arbitration with or without the representation by the exclusive representative.